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Planning appeal decision

Allowed23 January 20243324961

Land to the North of Birchanger Lane, Birchanger, Bishops Stortford, CM23 5QA

Planning appeal 3324961 at Land to the North of Birchanger Lane, Birchanger, Bishops Stortford, CM23 5QA (Uttlesford District Council) was allowed on 23 January 2024 by Inspector Brooker M, following a hearing. The main issue, as the Inspector framed it: The effect of the proposal on the openness of the Green Belt.

Change of use of land for the stationing of caravans and mobile homes for residential purposes and ancillary works, comprising formation of 6 no. pitches, each with 2 static caravans and 1 touring caravan

Authority
Uttlesford District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Brooker M
Postcode
CM23 5QA

Main issues, as the Inspector framed them

  • The effect of the proposal on the openness of the Green Belt.
  • Whether or not the appeal site would provide appropriate living conditions for the occupiers with particular regards to noise.
  • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal.

What decided it

The best interests of the children, combined with unmet need and the lack of any alternative site, clearly outweighed the moderate Green Belt harm and poor living conditions, amounting to very special circumstances.

The moderate harm to Green Belt openness (substantial weight) and harm to living conditions from noise (some weight) were clearly outweighed by the significant unmet need for pitches, the lack of alternative sites, and the best interests of the children (substantial weight), amounting to very special circumstances justifying permanent planning permission.

What the Inspector cited

Development plan policies
Policy S6Policy ENV10
National Planning Policy Framework
Paragraph 152Paragraph 154

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Uttlesford District Council

The authority’s record since 2016 · every decision in 2024

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.